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FARMINGTON — A 21-year-old man in custody at the San Juan County Adult Detention Center has been accused of raping a fellow jail detainee and told police he has HIV, according to court records.

Neville Dunn was charged in Aztec Magistrate Court with one count of criminal sexual penetration in the third degree.

He was arrested May 2 and made his first appearance the next day in Aztec Magistrate Court, court records state.

The charge stems from an incident in the shower room at the detention center in late April, where Dunn was waiting for trial on domestic violence and assaulting a police officer charges.

An arrest warrant affidavit filed in court gives the following account of the shower incident:

A San Juan County Sheriff's deputy was dispatched to the detention center April 27 in response to a report of a forcible rape between two male inmates.

The incident came to light after the victim contacted a detention officer and requested an HIV test. When the detention officer asked the victim why he needed the test, the man stated he had been raped by an individual named "Shadow," later identified as Dunn.

The deputy interviewed another inmate who said he advised the victim to report the rape and told the victim that Dunn has HIV.

The deputy then contacted Dunn and read him his Miranda rights. Dunn waived those rights and agreed to talk to the deputy.

He initially told the deputy that he never interacted with the victim and that he is HIV positive and was avoiding contact with people. Dunn denied having sexual relations with the victim and said that he and the victim were best friends.

After the deputy told Dunn that he had watched video surveillance, Dunn said the victim entered the shower and started to touch him and engaged in sex.

The deputy told Dunn the victim claims he raped him and asked Dunn if the inmate ever told him no. Dunn said the inmate never objected.

The deputy also told the victim that he reviewed the video surveillance, and the victim was seen going into the area where Dunn was showering.

The victim told the deputy that Dunn called him over and asked if he wanted to have sex. The man said when he declined, Dunn threatened him.

The victim said he feared Dunn and tried to get away, but Dunn overpowered him.

The victim underwent a sexual assault examination, and the results are pending.

Dunn remained in custody last week at the San Juan County Adult Detention Center on a $50,000 secured bond.

His preliminary hearing is scheduled for 8 a.m. Thursday in Aztec Magistrate Court.

Court records state that Dunn has two pending cases in district court and two additional cases in magistrate court.

Noel Lyn Smith covers the Navajo Nation for The Daily Times. She can be reached at 505-564-4636.

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